Monday, June 29, 2009
Who's to Judge?
I am lucky to count among my friends several people who serve as judges. I use the term "serve" in its purest form, too-- the job requires sacrifice that many people don't realize. Perhaps most importantly, the judges I know uniformly are making less money than they would otherwise. Also, the job can be tremendously isolating; judges don't have a natural peer groups in their profession. They are surrounded by attorneys they must keep at arm's length, and clerks who are a generation or more removed from the judge. Finally, they face tremendous restrictions on what they can do and say in public-- they do not have free speech, political and otherwise, in the way the rest of us do.
There is something else, too... for a lawyer, I would think it must be tremendously frustrating to preside over a trial in which people are not doing a good job. I have seen this happen: Watched the pained face of a judge who knows that the advocacy is not what it should be. It is like an athlete watching his own sport played by lessers.
Yet still, people want the job, and I'm glad they do.
There is something else, too... for a lawyer, I would think it must be tremendously frustrating to preside over a trial in which people are not doing a good job. I have seen this happen: Watched the pained face of a judge who knows that the advocacy is not what it should be. It is like an athlete watching his own sport played by lessers.
Yet still, people want the job, and I'm glad they do.
Comments:
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The one problem with your thought is that you credit the judges with having been good lawyers. You know that is not a job requisite and that some judges were bad lawyers but still managed to win an election or just knew the right people.
-Brennan
-Brennan
# posted by 
: 3:06 PM
: 3:06 PM
Professor Osler and Razor bloggers,
I have had the opportunity to work closely with many judges and appreciate your comments. I know from speaking with many judges how much they value the intern programs offered by the various law schools. It is true that the isolation in the job is real and that interns, as well as family, professors, and non-lawyers help fill the social void.
On the advocacy front, I've certainly had the opportunity to witness as an unprepared lawyers. Needless to say, I can't think of one who I have appeared opposite that was an unprepared Baylor lawyer.
I'm not certain how many years Mr. Brennan has been practicing law; however, it appears that he is opposed to both the elective and the merit based appointment process. I'd be interested in hearing his alternative proposal for selecting judges.
Mr. Brennan also believes that the "problem with your thought is that you credit the judges with having been good lawyers." First, I'd be interested in hearing Mr Brennan's definition of a good lawyer. Second, I have appeared in front of jurists who might not have been the most talented advocates as trial lawyers, yet are outstanding judges because they have the appropriate judicial temperament, treat both sides fairly and impartially, and show up to Court well read and prepared.
Thank you for the shout out on behalf of the judges. I know the Razor readers that are judges on both the state and federal benches appreciate your comments and support.
As I said last time I argued before the Court, "You never really understand a person until you consider things from his point of view--until you climb into his skin and walk around in it."
--Atticus Finch
I have had the opportunity to work closely with many judges and appreciate your comments. I know from speaking with many judges how much they value the intern programs offered by the various law schools. It is true that the isolation in the job is real and that interns, as well as family, professors, and non-lawyers help fill the social void.
On the advocacy front, I've certainly had the opportunity to witness as an unprepared lawyers. Needless to say, I can't think of one who I have appeared opposite that was an unprepared Baylor lawyer.
I'm not certain how many years Mr. Brennan has been practicing law; however, it appears that he is opposed to both the elective and the merit based appointment process. I'd be interested in hearing his alternative proposal for selecting judges.
Mr. Brennan also believes that the "problem with your thought is that you credit the judges with having been good lawyers." First, I'd be interested in hearing Mr Brennan's definition of a good lawyer. Second, I have appeared in front of jurists who might not have been the most talented advocates as trial lawyers, yet are outstanding judges because they have the appropriate judicial temperament, treat both sides fairly and impartially, and show up to Court well read and prepared.
Thank you for the shout out on behalf of the judges. I know the Razor readers that are judges on both the state and federal benches appreciate your comments and support.
As I said last time I argued before the Court, "You never really understand a person until you consider things from his point of view--until you climb into his skin and walk around in it."
--Atticus Finch
# posted by : 9:35 PM
: 9:35 PM
I have nothing against judges, I just don't think a black robe automatically means that they were good lawyers. Some people want to be lawyers just because they are lazy and think it will be easier. There are plenty of good elected judges like McDowell and there are plenty of bad ones that I've seen. Sometimes we'll take a case just because we know that the judge will give probation. Other judges we know will screw the client because of a fact like the person was a minor and they have teenage children so they try to send a message but are lenient on adults. I like all the judges I know but I don't think there is really such a thing as being impartial or that a good career as an advocate means the person will be a good judge and vice versa. With regard to the fact that judges may be lonely, it isn't supposed to be a popularity contest. I'm sorry if your best friends are interns but a lack of friends for a judge isn't going to cause me to lose any sleep.
People I consider great lawyers: Scottie Allen, the Mulders (especially Doug), and Judge Burns.
-Brennan
People I consider great lawyers: Scottie Allen, the Mulders (especially Doug), and Judge Burns.
-Brennan
# posted by : 3:35 PM
: 3:35 PM
Top Judges in History:
Judge Reinhold
Judge Dredd
Byron "The Whizzer" White
The first judge to wear a white wig
That monkey that played the out-of-control judiciary in a Republican party commercial
Learned Hand
Learned Foot
Kenesaw Mountain Landis
Paula Abdul (judge, American Idol)
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Judge Reinhold
Judge Dredd
Byron "The Whizzer" White
The first judge to wear a white wig
That monkey that played the out-of-control judiciary in a Republican party commercial
Learned Hand
Learned Foot
Kenesaw Mountain Landis
Paula Abdul (judge, American Idol)
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